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10 Sep 2007, 8:32 am
On Friday, we filed a cert. petition in Greenlaw v. [read post]
17 May 2011, 10:05 pm by charley foster
Pratt applied for a writ of certiorari, presenting two questions:(1) when asserting a defense of native Hawaiian practices, should the court balance the defendant’s interests in the practices against the interest of the state to regulate, and if so, what are the mechanics of that balancing test; and (2) did the ICA err in sua sponte reexamining the concession made at the trial court? [read post]
9 Feb 2009, 1:45 pm
At 1400, the court will hear oral argument in United States v. [read post]
17 Nov 2021, 11:57 am by Stefanie Jackman
Court of Appeals for the Eleventh Circuit issued an order sua sponte to rehear Hunstein v. [read post]
24 Jun 2008, 11:12 am by Paul M. Rashkind
The Court held that, absent a government appeal or cross-appeal, a court of appeals does not have the power to sua sponte raise a defendant’s sentence, even if it is to correct a plain error. [read post]
6 Mar 2012, 12:01 pm by Thompson & Knight LLP
On March 5, 2012, in Technical Automation, the Fifth Circuit sua sponte raised the issue of whether a magistrate judge had authority to enter a final judgment post-Stern on state-law claims. [read post]
9 Mar 2010, 2:32 pm by Dwight Sullivan
  CAAF agreed, applying its decision in United States v. [read post]
16 Apr 2008, 6:49 am
For those interested in jury related issues, U.S. v. [read post]
18 Apr 2007, 2:43 pm
After trial, conviction and sentence before the Circuit Court, Defendant appealed to the Court of Special Appeals, but the Court of Appeals issued a writ of certiorari sua sponte before the Court of Special Appeals ruled on the appeal.Reviewing the text of the first degree assault statute, Code CL 3-202, the "sufficient" form of pleading provided in Code, CL 3-206, the developed common law of Maryland and of some other states and Great Britain and the text of and… [read post]
25 May 2011, 9:00 am by Record on Appeal
We are pleased to welcome fellow blogger and attorney Charley Foster from Planet Kauai in a discussion of State v. [read post]
31 Aug 2009, 9:39 am
With respect to the remaining appeal by Minnesota and the Minnesota Pollution Control Agency, those parties have failed to show that the district court abused its discretion by vacating sua sponte [acting spontaneously without prompting from another party] the injunction's air-emissions programs as the State and the agency have sufficient regulatory tools to monitor and control the plant's fibre emissions in ways which parallel the injunction. [read post]